Sonnex Hosting PVT. LTD.
Sonnex™ Hosting Terms of Service
SonneX™ Hosting provides web hosting services
All services provided by SonneX™ Hosting, are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless SonneX Hosting, from any claims resulting from the subscriber's use of SonneX Hosting's services which damages the subscriber or any other party.
SonneX™ Hosting is a registered company in the country of Costa Rica, and therefore is operated under Federal laws of the country of Costa Rica.
Note: Pornography and sex related merchandising are prohibited on any SonneX Hosting server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to SonneX Hosting servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
SonneX™ Hosting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Hosting of any of the following files is considered a violation of the terms of service:
IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
- Spamming, i.e. the sending of unsolicited email, from any SonneX Hosting server or any server located on the SonneX Hosting network is STRICTLY prohibited. SonneX Hosting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at SonneX Hosting. In addition to termination of any account found to be in violation there may also be a $100 penalty fine applied for every valid spam complaint processed by SonneX Hosting staff.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by SonneX Hosting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any SonneX Hosting hosted domain, or referencing any SonneX Hosting account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a SonneX Hosting server or subscriber of SonneX Hosting is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of SonneX Hosting, i.e. resellers, must adhere to the above policies.
Scheduled Maintenance and Downtime
SonneX™ Hosting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond SonneX Hosting's control or which are not reasonably foreseeable by SonneX Hosting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. SonneX Hosting will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. SonneX Hosting has no responsibility for downtime resulting from a user's actions.
Refunds
Refunds will be issued on the sole discretion of SonneX™ Hosting Administration.
Any violation of SonneX™ Hosting Terms of Service Agreement shall result in no refund.
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. SonneX Hosting maintains the right to cancel accounts at its discretion.
Accounts will be billed every month on the anniversary day of the original signup.
Account Setup, Termination, and Billing:
Cheque Orders: SonneX™ Hosting will only accept orders payable by cheque for customers located in India and Costa Rica. The cheque payments must be payable in the local currency of either India or Costa Rica.
Suspending of accounts due to overdue payment: Accounts will be suspended if payment is not received within 14 days of the due date.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the due date, the account will be terminated and all information within the account will be deleted.
A notice will be sent via email before accounts are suspended or terminated.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Parked Domain Names: For every additional parked domain beyond what a customer's package allows there is a one-time fee of $2 for each. This fee is nonrefundable.
Virtual Domain Names: For every additional virtual domain beyond what a customer's package allows there is a one-time fee of $2 for each. This fee is nonrefundable
Domain Name Transfers: SonneX Hosting shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. SonneX Hosting is not responsible for lost data or for lost data due to third party software that is not maintained by SonneX Hosting. (Cpanel is not associated with SonneX Hosting.)
Limitation of Damages
In no event will SonneX™ Hosting, its parent or subsidiaries or any of the licensors, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the account or accompanying written materials, regardless of the basis of the claim and even if SonneX Hosting or a SonneX Hosting representative has been advised of the possibility of such damage.
You shall indemnify and hold harmless SonneX Hosting and its directors, officers, employees and agents (collectively, the "Indemnitee") against any and all claims, losses, liabilities, judgments, awards and costs (including costs of investigation and legal fees and expenses) arising out of or related to any third-party claim of any type that arises out of any action or inaction by you, your employees or agents with respect to your use of the hosting account.
Integration
You acknowledge that you have read this Agreement in its entirety and understand and agree to be bound by all of its terms and conditions. This Agreement is the complete and exclusive statement of the understanding between you and SonneX Hosting and it supercedes any and all other communications between us, whether written or oral. Any prior agreements, promises, negotiations or representations related to account not expressly set forth in this Agreement are of no force and effect
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and SonneX™ Hosting.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and may be changed by SonneX Hosting without prior notice.
Any violation of these Terms of Service will result in termination of the account. SonneX™ Hosting maintains the right to terminate accounts without prior notification.
SonneX™ Hosting reserves the right to remove any account with 15 days prior notice. These removals will be permanent.
Dispute Resolution
Any dispute between SonneX™ Hosting and a subscriber shall be determined by arbitration and will be subject to the laws of the country of Costa Rica. The arbitrator shall decide any dispute in accordance with Costa Rican Federal laws, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in [insert city], Costa Rica unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
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